Intellectual Property Consulting

A major focus of our firm is analyzing the financial, accounting, market and valuation issues related to intellectual properties and other intangible assets.  This includes patents, copyrights, trademarks and trade secrets.  Our clients are prominent in a variety of industries including computer software and hardware, semiconductors, medical devices, pharmaceuticals, biotech and consumer products.  They have included many Fortune 100 companies, individual inventors and educational institutions, as well as the legal counsel who represent them. 

Our services include:

  • Infringement Damage Analysis - We are frequently retained to compute the amount of damages resulting from the infringement of patents, copyrights and trademarks, or the misappropriation of trade secrets.  We are experienced in preparing complex damages analyses, including lost profits, reasonable royalties, price erosion and unjust enrichment, among others.  The firm’s principals are very experienced in testifying to their findings in these matters.
  • Valuation - We provide opinions regarding the value of intangible assets, including intellectual property.  This is typically done in connection with donations, bankruptcies, purchase transactions and purchase price allocations.  The firm also provides opinions regarding the fairness of royalty rates and other fees charged for the use of intellectual properties.
  • Commercial Success Analysis - We are regularly asked to provide expert opinions on whether products embodying a patented technology are commercially successful, and whether there is a nexus between any such success and the specific inventions claimed in a patent.  The firm’s principals are experienced in providing expert testimony on commercial success in litigated matters in district courts, and more recently in inter partes review (IPR) proceedings.  
  • ITC Investigations - We are often retained to analyze and provide expert opinions on financial, accounting and economic issues in Section 337 investigations before the International Trade Commission.  Our work in these matters typically involves the analysis of economic and financial issues in evaluating whether a complainant’s activities establish the existence of a domestic industry. 
  • Licensing and Transaction Assistance - We are frequently retained by patent holders to negotiate licenses or to assist in the negotiation process.  Inventors, companies and educational institutions retain the firm to develop licensing strategies and assist with finding licensees for intellectual properties.  This has involved royalty rate research, evaluations of potential licensees, assistance with introductions of parties and actual negotiations.  We have also assisted companies with the sale of significant intellectual property portfolios.

Our Intellectual Property Consulting principals and staff are experienced in these areas and are able to provide cost-effective efficiently prepared analyses.